International Traffic in Arms Regulations (ITAR)

22 CFR §§ 120-130 are promulgated and implemented by the the Directorate of Defense Trade Controls (DDTC) in the Department of State (DoS) and regulates controlled items listed on the United States Munitions List (USML)

• Defense articles (as defined in §120.31),
• Significant military equipment (as defined in §120.36),
• Major defense equipment (as defined in §120.37),
• Defense services (as defined in §120.32), and
• Technical data and software (as defined in §120.33)

International Traffic in Arms Regulations Overview

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Export Administration Regulations

15 CFR Parts 730-774 are promulgated and implemented by the Department of Commerce, Bureau of Industry and Security (BIS) and regulates listed items on the Commodity Control List (CCL)

• Export and re-export of commercial and dual use (commercial and military/security applications) items and technology, including encrypted software.

If an item falls under U.S. Department of Commerce jurisdiction and is not listed on the CCL, it is designated as EAR99. EAR99 items generally consist of low-technology consumer goods.

Export Administration Regulations Overview  

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Foreign Asset Control Regulations (Embargo & Sanction Programs)

31 CFR Parts 500-597(Foreign Asset Control Regulations) are promulgated and implemented by the U.S. Treasury Department, Office of Foreign Assets Control and regulate economic trade with foreign countries. 

• Economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the United States.

Embargo and Sanction Programs Overview

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Nuclear Export Control Regulations

10 CFR Part 810, the Assistance to Foreign Atomic Energy Activities (AFAEA) is promulgated and implemented by the Department of Energy (DOE) and regulates:

• Technology and services related to direct or indirect production of Special Nuclear Materials ( plutonium, uranium-233, or uranium enriched above 0.711 percent by weight in the isotope uranium-235). 

10 CFR Part 110 is promulgated and implemented by the Nuclear Regulatory Commission (NRC) and regulates:

Major hardware, components, and nuclear material.Imports and exports of major and minor reactor equipment. “Nuclear Reactor” is defined as items within or attached directly to the reactor vessel and specially designed or prepared.  Controls include software.

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Anti-Boycott Regulations

Anti-Boycott laws are administered and enforced by the Department of Commerce, Bureau of Industry Security, under the “Restrictive Trade Practices and Boycotts” of the EAR (15 CFR Part 760) and by the Department of Treasury under the “Ribicoff Amendment” to the Tax Reform Act of 1976 adding §999 to the Internal Revenue Code.  Anti-Boycott regulations prohibit U.S. businesses from taking actions in support of unsanctioned foreign boycotts, including the Arab League’s boycott of Israel.  They also prevent U.S. persons from conducting business under terms that would restrict a person’s ability to do business with other countries under a boycott not recognized by the United States. 

Memo from US Department of Commerce:  Enhanced Enforcement of the Anti-boycott Rules, released October 6, 2022.

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Foreign Corrupt Practices Act (FCPA):

Anti-bribery provisions of the FCPA make it unlawful to bribe a foreign official for the purposes of obtaining or retaining business.

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